Page 1 – Audit and Scrutiny Briefing - Cabinet Decision on C13 Agenda Item: Audit & 6 Scrutiny Committee Date of Meeting 10 June 2015 Officer Chief Executive Audit and Scrutiny Briefing Subject of Report – Cabinet Decision on C13 Road Executive Summary At its meeting on 13 May 2015 Cabinet considered a report on the options for the C13. The C13 is a road that has been closed at Melbury Abbas since April 2014, due to the risk of small vehicles being buried by a landslide. The decision to close the road in 2014 was based on the report of two civil engineering consultants. The Cabinet report sets out the detail of the work that has been undertaken by the County Council engineers, Risk Manager, Insurer and Underwriters to understand and manage the risk associated with the C13. The Cabinet considered the details set out in the report and the representation of a number of members of the public and County Councillors, during its meeting. Following consideration of all the information presented to the Cabinet, they reviewed the options for the future of the C13 and decided to re-open, following mitigation works, for all traffic. The Cabinet report and the minutes are attached as appendices in order to assist the Committee in understanding the information available and the decision made. Following the Cabinet meeting the Chairman of the Audit and Scrutiny Committee received a letter questioning the decision that had been made. The Chairman considered the question, taking into account the options available in the County Council’s Standing Orders and confirmed that this was not a matter that required a Page 2 – Audit and Scrutiny Briefing - Cabinet Decision on C13 “Call In” of the decision, nor was it suitable for a “Call to Account”. However, the Chairman did ask a question “On what basis was the decision made to allow all vehicles on the C13, as opposed to only light vehicles?” As the call in period has expired officers are required to act upon and implement the Cabinet’s decision. Only if the Portfolio Holder was to agree, as a result of the question raised above, that there was some shortcoming in the decision making, could the matter be deferred and put back to the Cabinet. This question had been asked at Cabinet and the answer given to Cabinet is set out at Minute 178.9 for the Committee to consider. Impact Assessment: Equalities Impact Assessment: Please refer to the An Equalities Impact Assessment screening exercise was carried protocol for writing out. The recommendation was not considered to have any negative reports. or differential impact on the equalities of protected groups. Use of Evidence: Details as set out in the Cabinet report attached. Budget: The budget provision relates to the Dinah’s Hollow Capital project and are set out in the attached Cabinet report, dated 13 May 2015. Recommendation The Committee is asked to: Note the details of the Cabinet report and minutes relating to the re opening of the C13 at Melbury Abbas, and the answer to the Chairman’s question. Reason for To answer the question raised by the Chairman of the Audit and Recommendation Scrutiny Committee. Page 3 – Audit and Scrutiny Briefing - Cabinet Decision on C13 Appendices 1. Minutes from the Cabinet meeting dated 13 May 2015 2. Agenda Item 9 from the Cabinet meeting on 13 May 2015 – Road Closure Risk Comparison Analysis Background Papers None Report Originator and Sam Fox-Adams Contact Tel: 01305 224247 Email: [email protected] Appendix 1: Minutes from Cabinet meeting on 13 May 2015 178.1 The Cabinet considered a report by the Cabinet Member for Environment regarding work recently undertaken to better understand and manage the risks associated with the decision to close the C13 at Melbury Abbas. A site visit for Cabinet members was also held on 12 May 2015. 178.2 Mr Paul Reynolds, Resident of Shaftesbury, asked a number of questions of the Cabinet Member for Environment in relation to the road closure at Melbury Abbas and received a written response. The questions and answers are attached to these minutes at Annexure 1. 178.3 Public statements were received from Mr Paul Champagne as a local resident of Melbury Abbas, Mr John Woolley on behalf of Maurice Flower & Son Ltd, Mr Scott Norman on behalf of the A350 Community Group, and Mr Brian Hughes as the Chairman of Melbury Abbas and Cann Group Parish Council. The statements are attached to these minutes at Annexure 2. 178.4 Ms Anne Kaile, resident of Shaftesbury, spoke to a petition received in relation to the road closure. She was supported by two other local residents. The petition comprised of 694 signatures and raised concerns in relation to consultations regarding the closure, tendering works, the main contractors, the number of solutions proposed and bio- engineering. The points raised in the petition were addressed within the Cabinet Members’ report. However, a number of further concerns were raised at the meeting by the petitioners in relation to the ecology and environmental impact of potential remedial works at Melbury Abbas, the Council’s Rural Roads Policy, community impact, and their desire to reopen the C13 to light traffic only. 178.5 On a point of procedure, the Head of Legal and Democratic Services confirmed that although one of the public speakers made reference to members having land ownership interests in the A350 and C13 he was not aware that any Cabinet member had a Disclosable Pecuniary Interest to declare on this matter. All Cabinet members confirmed this and remained in the meeting and took part in the discussion and decision making. 178.6 The County Councillor for Shaftesbury, as a local member, referred to the site visit held on 12 May 2015 and suggested that the large mesh netting used in other places such as Cheddar Gorge should not interfere unduly with the ecology of the area. 178.7 The County Councillor for Hambledon, as a local member, addressed the meeting to explain the impact on local communities, increased traffic on the A350, road safety, road erosion, property damage and the impact on local businesses. She acknowledged the options available to the Cabinet to potentially reopen the C13 and felt that re-opening would be the most pragmatic solution and strongly opposed the option of opening the road to Heavy Goods Vehicles only. 178.8 The Cabinet Member for Environment introduced the report and explained that the matter for decision related to the situation at Dinah’s Hollow prior to any rectification of the site and longer term improvements, which would be considered in the next few months. With a detailed explanation by the Director for Environment and the Economy, he also clarified that all information was based on a robust and sensible methodology for risk analysis and had taken account of advice from a range of professional specialisms (risk management, engineers, insurers and underwriters) in order to reach the proposals set out in the Cabinet Member’s report. 178.9 On being questioned, the Head of Highways explained that the initial assessment considered light vehicles to be at highest risk as they could be engulfed by a slippage, but the level of risk had subsequently been reduced as a result of the more detailed analysis if mitigation measures were put in place. It was noted that the balance of risk therefore provided the option to reopen to all traffic and that a permanent solution would be a decision for a later stage. 178.10 The Cabinet expressed views in relation to the scenarios presented within the report noting that there had been a duty to act on the potential risks at the earlier stage of the process and reasons for the closure. The impact on the surrounding communities, road network and businesses was recognised and it was felt that the most appropriate option, based on the balance of risk, was to reopen the road to all traffic with the addition of mitigation works. 178.11 In relation to traffic volumes and types of vehicle, it was confirmed that there would be a signing strategy for the temporary re-opening, but there would also be further detailed consideration required as part of the economic assessment of the north-south transport corridors in Dorset. 178.12 The Leader of the Council clarified that the re-opening would be subject to the usual call-in process following the decision, and the Cabinet Member for Environment confirmed that the road would be opened in 2-3 weeks due to the need to order equipment. Resolved 179. That the C13 be re-opened to all traffic, with mitigation works, prior to any stabilisation work taking place based on paragraph 3.4 of the Cabinet Member’s report, and the Risk Comparison Analysis at Appendix 4 of the report. (Scenario 1) Reason for Decision 180. To reduce the overall risk to the Council whilst a preferred option for the stabilisation works was agreed. Page 1 – C13 road closure Risk Comparison Analysis Agenda Item: Cabinet 9 Date of Meeting Cabinet – 13 May 2015 Lead Member Peter Finney – Cabinet Member for Environment and the Economy Local Members Deborah Croney - County Councillor for Hambledon Hilary Cox - County Councillor for Winterborne Barrie Cooper - County Councillor for Blandford Mervyn Jeffrey - County Councillor for Shaftesbury Lead Director Mike Harries - Director for Environment and the Economy Subject of Report C13 road closure Risk Comparison Analysis Executive Summary This report updates members on work recently undertaken to better understand and manage the risks associated with the decision to close the C13 at Melbury Abbas.